AGY-6 | Sheriff's Office / Office of the Sheriff

Full description

The Sheriff's Office was created from the Sheriff Act of 1874 which divided the responsibilities of the former Sheriff by creating two new offices - the Inspector General of Prisons and the Office of Sheriff. (1) The duties and responsibilities of the Sheriff were set out in the An Act for regulating the appointment and duties of the Sheriff in New South Wales. These included:
* attendance at court
* enforcement of Court orders
* responsibility for the security of imprisoned debtors
* reporting monthly on fines collected as a result of Court orders. custody of debtors.

Responsibility for summoning juries and maintaining rolls was continued. (2) Functions currently include compiling jury rolls and summoning jurors, ensuring the security of judges, juries and public in the superior courts, serving court processes, and enforcing court judgments, orders and decrees. (3)

22 September 1900, the Sheriff Act 1900 (Act No.16, 1900) commenced. The Act consolidated, and repealed the Sheriff Act of 1874 and other related Acts. The Act provided functions for the Sheriff, Special bailiffs and District Sheriffs. (4)

Between 1991-1995 the Sheriff's Office became a business unit within the Department of Courts Administration. (5)

In 1995 the Office was placed in the Court Support Services Program of the Attorney General's Department (6) which was known as Support Services in 1996/1997, (7) Justice Support in 1998/1999 (8) and Court and Tribunal Services in 2001/2002.(9)

The Office of the Sheriff merged with Local Courts in 2004. (10)

1 July 2005, The Sheriff Act 2005 (Act. No 6, 2005) was commenced, repealing the Sheriff Act 1900. This legislated the Sheriff to exercise functions as are conferred or imposed on the Sheriff by or under the Act or any other Act or law.(11)

From 1 July 2009 when the Attorney General's Department was abolished the Office of the Sheriff became a branch of the new Principal Department, the Department of Justice and Attorney General. (12)

From 4 April 2011 when the name of the Department of Justice and Attorney General was changed the Office of the Sheriff became a branch of the Department of Attorney General and Justice. (13) On 23 April 2014 the name of the Department of Attorney General and Justice was changed to the Department of Police and Justice. (14) On 1 July 2014 the name of the Department of Police and Justice was changed to the Department of Justice. (15)

On 1 July 2019, the Department of Justice was abolished and all agencies were transferred to the Department of Communities and Justice (DCJ). (16)

In 2022 the Office of the Sheriff conducted law enforcement, security and support activities to ensure the safe and successful operation of state courts. The Office administered the NSW jury service system through Sheriff's officers, court officers and clerical staff at 58 Sheriff's offices across the state. The Office additionally had responsibilities of law enforcement including serving warrants, summons, enforcement and other orders issued by various NSW courts and tribunals. (17)

Endnotes:
1. Prisons Act, 1874 s.7,8.
2. An Act to amend the Laws regulating trial by Jury in New South Wales in so far as they relate to the trial of Civil Causes 8 Victoria Act No 4, s. 9 (1844).
3. NSW Government Directory, 1992, p. 261 and , 1st edition 1994, p. 238.
4. An Act to consolidate the enactments relating to the office of Sheriff (Act No.16 1900), s.2.
5. Report of the Department of Courts Administration for the year ended 30 June 1992 pp.12, 55.
6. Report of the Attorney General's Department for the year ended 30 June 1995 pp. 7, 66.
7. Report of the Attorney General's Department for the year ended 30 June 1997 p. 48.
8. Report of the Attorney General's Department for the year ended 30 June 1999 pp. 50-51.
9. Report of the Attorney General's Department for the year ended 30 June 2002 pp. 53, 65.
10. NSW Government Gazette, 29 December 2006, p.39.
11. NSW Government Gazette, Assent to Acts 2005 (2005 No 77), p.2954; NSW Legislation website, 24 June 2005.
12. Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (2009 No 352) cl. 20; NSW Legislation website, 27 July 2009.
13. Public Sector Employment and Management (Departments) Order 2011 (2011 No 184) cls. 36; NSW Legislation website, 3 April 2011.
14. Administrative Arrangements (Administrative Changes - Ministers and Public Service Agencies) Order 2014 (2014 No 233); NSW Legislation website, 23 April 2014
15. Administrative Arrangements (Administrative Changes - Miscellaneous Agencies) Order 2014 (2014 No 413); NSW Legislation website, 30 June 2014.
16. Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019 No 159) cl. 11 (2); NSW Legislation website, 2 April 2019 as amended by the Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2019 (2019-308) cl. 6 and 2 (4); NSW Legislation website, 1 May 2019.
17. Courts NSW website, About the Office of the Sheriff, https://courts.nsw.gov.au/courts-and-tribunals/office-of-the-sheriff-of-nsw/about-the-office-of-the-sheriff-of-nsw.html (accessed 9 December 2022).